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Sectional Titles Act, 1986 (Act No. 95 of 1986)

Regulations

Sectional Titles Amendment Regulations, 2021

15. Alteration, amendment, substitution or cancellation of registered sectional plan

 

(1) [Regulation 15(1) deleted by regulation 8 of Notice No. R. 1422 dated 31 October 1997]

 

(2) The provisions of regulation 5 shall apply mutatis mutandis to a draft sectional plan which is to be substituted for a registered sectional plan.

 

(3) The registrar shall forward a copy of a sectional plan which is substituted for a registered sectional plan to the local authority concerned.

 

(4) Whenever the registrar amends the relative sectional title deed as required by section 14(5) of the Act, he or she must endorse thereon that the amendment has been effected in accordance with an alteration, amendment or substitution of the registered sectional plan, and in the case of a substituted sectional plan, register such plan and substitute the registered sectional plan therewith.

[Regulation 15(4) substituted by regulation 2 of Notice No. R. 883, GG 43614, dated 14 August 2020]

 

(5) Whenever the registration of a sectional plan is cancelled on the application of the developer in terms of section 14(6) of the Act, the registrar shall make the necessary endorsement on—
(a) each of the relevant sectional title deeds;
(b) the titles to any real rights, with the exclusion of mineral rights; and
(c) on the schedule referred to in section 11(3)(b).

[Regulation 15(5) substituted by regulation 9 of Notice No. R. 2653 dated 8 November 1991]

 

(6)
(a) Whenever the registration of the sectional plan is cancelled, the registrar shall make the alterations, amendments, endorsements and entries in the relevant land register and records which are necessary to effect the reversion of the land to the land register.
(b) Any entry referred to in paragraph (a) shall contain a reference to the number of the relevant sectional plan.

 

(7) Whenever the registration of a sectional plan is cancelled, the registrar shall, if a certificate of registered title referred to in section 14(7) of the Act is not issued by him, revive the developer’s title deed of the land referred to in section 11(3)(c) of the Act by making an appropriate endorsement on the title deed under his signature and date.

 

(8) The provisions of subregulations (5) to (7) shall apply with the necessary changes whenever the registration  of a sectional  plan is cancelled by an order of the Court in terms of section 14(8) of the Act.

[Regulation 15(8) inserted by regulation 6 of Notice No. R. 820 dated 28 September 2011]